Resumen de Completezza delle indagini preliminari e ne bis in idem: I risvolti applicativi dell’interazione dei principi della giustizia penale
The principle of ne bis in idem is a fundamental guarantee, protecting everyone from the risk of being subjected to trial twice for the same facts. However, its enforcement has some intolerable costs for the domestic legal system because they affect the effectiveness of the punitive response. Thus, solutions need to be found to protect who has already been acquitted or convicted with a definitive sentence without compromising the other fundamental interest involved in criminal proceedings, among which the protection of the victim show up.
Starting from these assumptions, the present contribution analyses the potential of the principle of completeness of criminal investigation, established in different terms in the Italian and ECHR systems. According to the principle, the public prosecutor must carry out a complete investigation, in order to analyse all the relevant aspects of a criminal case in a single occasion. The principle of completeness arises some issues, especially in the light of the recent domestic reform of criminal justice. Therefore, it is necessary to clarify the precise significant of the term “completeness” and, in doing this, the principle of ne bis in idem and the significant given to the idem factum could play a crucial role.
